State Department
A person who has the exclusive right to authorize use of the software is not the only author who initially has a right, but also other persons to whom the author is right handed properly. When buying license software licensing holder (author or other person) can be reduced to the adoption of the purchaser of the agreement, which appear on the screen during installation (setting) software. It may also be necessary in the conduct of a unique code in order to further the program. This code is distributed holder of the product and of itself is a confirmation of the lawfulness of his use. Also, the adoption of the license terms of the contract can be considered as opening the package, if the license conditions placed on the packaging of software. The end user to save all documents (in documentary and electronic form, in the form of software packaging), which confirms the validity of using the software. When implemented in Ukraine on the packaging of licensed software must be control mark. It is important to remember that the test does not replace the brand license holder, ie, does not determine the extent of the rights which are transferred to the purchaser of the product.
State Department of Intellectual property in a letter dated 16.05.2005 16-09/2127 was given the following explanation: “… Disposal of intellectual property rights in computer software in accordance with article 1107 of the Central Committee is carried out on the basis of: a license to use an object of intellectual property law; licensing agreement; Treaty establishing the ordering and use of intellectual property objects; agreement on the transfer of exclusive intellectual property rights; other agreement regarding disposition of intellectual property rights. An agreement on disposition of property rights intellectual property must be concluded in writing. In cases where the written form of agreement regarding disposition of intellectual property rights of this agreement is invalid. Most copies of computer programs distributed with the so-called “shrink-wrap” license conditions can be summarized as including in the very instance of the program that governed by Article 634 of the Central Committee of the treaty of accession. According to this article, a contract whose terms are set by a party in the forms or other standard forms can be signed only by attaching the second parties to the proposed contract “in general” without changing some of its provisions and the acceptance of such contracts shall, in particular, a user of computer software, by any action, which showed that using the program in any way. Summarizing, we note that for the lawful use of a computer program in its activities, the buyer must obtain a license or to enter one of the above contracts with the author of a computer program or with a person who legally owns the property rights of copyright on such a computer program.
And the acquisition of licensed copies of computer programs or copies of programs, free use of the purchaser must obtain from the seller documentation of the legality of computer programs that will serve just above licenses and contracts. Also, remember that copies of computer programs that are implemented on the discs for laser reading systems (Cd-ROM) must be marked with control stamps. ……